Original booking mug for Jessica Winkle

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File photo of Jessica Winkle on house arrest / RGJ file

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The Nevada Supreme Court ruled today that Jessica Winkle, a DUI offender sent back to prison after the Nevada Attorney General said she must serve her time behind bars, must be released on a house arrest program.

Although the Legislature stated that people convicted of killing or injuring someone while driving drunk must spend at least two years in prison, lawmakers also created a special program in which they can serve time on house arrest, the justices said in their unanimous opinion.Since Winkle was within one year of her parole eligibility date, the Nevada Department of Corrections “must release her” on the program.Scott Freeman, Winkle’s lawyer, said they were “extremely pleased” with the order.“We now have a decision from the Supreme Court which ratifies the residential confinement program,” Freeman said. “We’re very pleased that Ms. Winkle will be credited with her time on residential confinement.”Freeman said he has been in contact with her family, and they’ll be making arrangements for her release as soon as possible.Angela Post, the mother of Hudson Post, who was killed in 2008 when Winkle turned in front of his motorcycle on Mount Rose Highway, could not immediately be reached for comment.Edie Cartwright, spokeswoman for Nevada Attorney General Catherine Cortez Masto, said they were reviewing the court’s ruling and would comment soon.